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Home My WebLink About20250202 Park Place & Cottage St Final Subdivision Draft DECLARATION OF CONDOMINIUM MAINTENANCE AND OPERATIONS COVENANTSDRAFT DECLARATION OF CONDOMINIUM MAINTENANCE AND OPERATIONS COVENANTS Park Place and Cottage Street / 7 Cottage Street, Saratoga Springs, NY 12866 This Declaration (the "Declaration") is made this ____ day of ____________, 20__, by ______________________________ ("Declarant"), owner of the real property described below (the "Property"). 1. PROPERTY; CONDOMINIUM; PURPOSE 1.1 Property. The Property is located at Park Place and Cottage Street / 7 Cottage Street, City of Saratoga Springs, Saratoga County, New York (Tax Map: ____________________________). The legal description shall be inserted from the recorded deed (the "Legal Description"). 1.2 Condominium. Declarant intends to submit the Property to condominium ownership pursuant to New York Real Property Law Article 9-B, consisting of six (6) residential units and associated common elements (the "Condominium"). 1.3 Purpose. These covenants provide long-term assurance of maintenance, safety, and orderly operations of the Property, including its interface with the public right-of-way, consistent with approvals and applicable City requirements. 2. ASSOCIATION MAINTENANCE OBLIGATIONS (COMMON ELEMENTS) 2.1 Responsibility. The condominium association (the "Association") shall be solely responsible, at its expense, for perpetual maintenance, repair, replacement, and operation of the common elements and all exterior/site improvements serving the Property. 2.2 Scope (non-exclusive). The Association shall maintain: building exteriors (roofs, facades, trim, gutters/downspouts, exterior stairs/rails); driveways/parking/circulation; on-site walks/steps/ramps; site lighting/fencing; landscaping/plantings; stormwater/drainage infrastructure; and trash/recycling operations and any refuse areas shown on approved plans. 3. SIDEWALK SNOW AND ICE REMOVAL (INCLUDING PUBLIC RIGHT-OF-WAY) 3.1 Standard. The Association shall remove snow and keep sidewalks along the Property frontage (including sidewalks within the public right-of-way) clear of snow and ice within twelve (12) hours after each snowstorm and, when slippery, keep the same safe by sanding or equivalent treatment, consistent with City Code Sec. 203-26, as amended. 3.2 Cleared width and storm timing. The required cleared portion is the paved sidewalk, if any; if none is paved, a space at least four (4) feet in width shall be kept clear. A storm ceasing after 7:00 p.m. shall be considered as ceasing at 7:00 a.m. the following morning (City Code Sec. 203-26, as amended). 3.3 No snow in street. In removing snow or ice, no person/entity acting for the Association shall place snow or ice in or upon any public street (City Code Sec. 203-27, as amended). 4. LANDSCAPING; LAWNS; LEAVES AND YARD DEBRIS 4.1 Grounds maintenance. The Association shall maintain all landscaped areas, lawns, trees, shrubs, and plantings in a neat, healthy, and orderly condition, including mowing, trimming, weeding, pruning, and replacement of dead/diseased plant material as needed. 4.2 Brush/grass/weeds (Inside Tax District, if applicable). To the extent the Property is within the City's Inside Tax District, the Association shall cut and remove grass and weeds on the lot and within the bounds of the adjacent street/right-of-way at least six (6) times each year (first and last week of June, July, and August unless otherwise directed), consistent with City Code Ch. 83, Sec. 83-1, as amended. 4.3 Yard debris (curbside rules). Between March 1 and December 31, yard debris such as leaves and grass may be placed at curbside for DPW pickup only as permitted by City requirements. Such debris shall be placed in suitable containers, receptacles, or paper bags and shall not be loosely piled; limbs/branches shall not exceed four (4) feet in length (City Code Ch. 126, Sec. 126-5, as amended). 4.4 Refuse placement. Except as permitted for scheduled collection or authorized DPW activity, refuse shall not be deposited upon or along any road, curb, sidewalk, alley, street, or land in the City without DPW authorization (City Code Ch. 126, Sec. 126-5, as amended). 5. TRASH AND RECYCLING OPERATIONS (MANDATORY PROGRAM) 5.1 Program. The Condominium shall operate a mandatory trash and recycling handling program consistent with the "Trash Removal Intent" letter dated July 30, 2025 submitted in support of the project approvals. 5.2 Storage; set-out; bring-back. Owners shall store personal refuse/recycling containers inside their designated garage spaces except on collection day. On collection day, Owners shall place containers outside their garage, and the Association (or its contractor) shall roll containers to the curb for pickup and return them to the garage storage areas following pickup the same day. No dumpsters or centralized refuse containers are proposed as part of this Condominium; trash and recycling shall be managed solely through the garage storage and Association roll-to- curb/return procedure described above. 5.3 Incorporation and enforcement. This program shall be incorporated into the condominium offering plan/bylaws/rules and shall be enforceable by the Association through notices, fines, and chargebacks as permitted by the governing documents and applicable law. 6. ENFORCEMENT; RECORDING; AMENDMENTS 6.1 Runs with the land. These covenants run with the land and bind the Association, unit owners, and all successors and assigns. 6.2 Recording and City reliance. This Declaration may be recorded in the Office of the Saratoga County Clerk. Nothing herein limits the City's ability to enforce applicable codes, ordinances, and approvals. 6.3 Amendments. No amendment that materially reduces obligations related to (i) sidewalk snow/ice removal, (ii) landscaping/grounds maintenance, or (iii) the trash handling program shall be made without written notice to the City and any approvals required by law. IN WITNESS WHEREOF, Declarant has executed this Declaration as of the date first written above. DECLARANT/OWNER: By: ________________________________ Name/Title: _________________________ Date: _______________________________ ACKNOWLEDGMENT STATE OF NEW YORK ) COUNTY OF SARATOGA ) ss.: On the ____ day of ______________, 20__, before me, the undersigned, personally appeared ________________________________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual executed the instrument. ____________________________________ Notary Public